Customs, Excise and Gold Tribunal - Mumbai
Nath Pulp & Paper Mills Ltd. vs Commissioner Of Central Excise, ... on 29 October, 2001
JUDGMENT
Jyoti Balasundaram, Member (Judicial)
1. The above application for waiver of pre-deposit of Rs. 82,528/- availed as modvat credit during the period July, 1994 to Feb. 1995 arises out of the order of the Commissioner (Appeals) who has dismissed the appeal filed by the assessee before him on the ground of non compliance with his stay order dated 30.3.2001 under which the entire duty amount was directed to be deposited as a condition precedent for hearing of the appeal by the lower Appellate Authority.
2. On hearing both sides, I note that the assessees have challenged the findings of the Adjudicating Authority on the merits of the case but, however, have not offered any explanation as to why they did not comply with the order of the Commissioner (Appeals) directing pre-deposit. I, however, note that they have pleaded financial hardship and that they have applied to the BIFR for being declared as a sick unit and the BIFR has registered their case. Having regard to the above, although I am of the view that prima-facie case for total waiver has not been made out, I direct pre-deposit of Rs. 40,000/- (Rupees Forty thousand only) towards the duty within a period of eight weeks from today and on such deposit, predeposit of balance of duty shall stand dispensed with recovery thereof stayed pending the appeal. Failure to comply with this direction shall result in vacation of the stay and dismissal of the appeal without further notice.
3. To come up for reporting compliance on 4.1.2000.
(Dictated in Court)